The 2017 Medical Cannabidiol Act

THE FACTSOn May 12, 2017, Governor Terry Branstad signed House File 524 into law, allowing use of medical cannabidiol to treat certain debilitating medical conditions. According to the Iowa Department of Public Health: "The Act provides that a person recommend, possess, use, dispense, deliver, transport, or administer cannabidiol if the recommendation, possession, use, dispensing, delivery, transporting, or administering is in accordance with chapter 124E of the Iowa Code." This law also allows patients and designated primary caregivers to possess cannabidiol and requires the recommendation of a board certified physician. The Medical Cannabidiol Act allows no more than 3% tetrahydrocannabinol (THC) (smoking is not permitted). HF524 also permits the Iowa Department of Health to certify two out-of-state dispensaries where Iowa patients can make purchases, however bordering states (Like Minnesota) does not currently permit this.

Any terminal illness, with a probable life expectancy of under one year(if the illness or its treatment produces one or more of the following: severe or chronic pain, nausea or severe vomiting; cachexia or severe wasting)

Parkinson’s Disease

Untreatable pain

MANUFACTURERS & DISPENSARIES:The Iowa Department of Health is required to select and license up to two medical cannabidiol manufacturers to manufacture, possess, cultivate, harvest, transport, package, process, or supply medical cannabidiol in Iowa by December 1, 2018. IDPH must also select and license up to five medical cannabidiol dispensaries to dispense medical cannabidiol in Iowa; they must be open by December 1, 2018. These dispensaries will be located throughout the state depending on geographic need.

MEDICAL CANNABIDIOL BOARD:This new law established a Medical Cannabidiol Board who has the power to add new conditions to the state program. This board also makes recommendations to our Legislators about increasing the amount of THC allowed under the program, but only the legislature themselves can change the cap of 3% THC.

PREVIOUS LEGISLATION:

Iowa enacted the Medical Cannabidiol Act on July 1, 2014. According to the Iowa Department of Public Health: "The Act provides that a person recommend, possess, use, dispense, deliver, transport, or administer cannabidiol if the recommendation, possession, use, dispensing, delivery, transporting, or administering is in accordance with chapter 124D of the Iowa Code."

The Medical Cannabidiol Act allows for the use of cannabidiol to treat intractable epilepsy, only. It also allows designated primary caregivers to possess cannabidiol on behalf of certain patients and requires the recommendation of a neurologist. In order to become a Cannabidiol Registration Card holder, the Iowa Department of Public Health and the Iowa Department of Transportation approve and generate the identification cards for patients and their caregivers. These Cannabidiol Registration Cards provide documentation that patients and their caregivers are authorized to legally possess medically-necessary cannabidiol.

The Medical Cannabidiol Act allowsno more than 3% tetrahydrocannabinol (THC) and a patient may possess no more than 32 ounces of cannabidiol oil.

ISSUES WITH THE LAW:

Qualifying patients with intractable epilepsy were being denied access for having out-of-state neurologists.

The law does not allow other types of physicians to write qualifying recommendations.

The law does not allow patients with any other conditions to obtain legal protections (including other patients with Epilepsy).

The law does not extend legal protections for products with more than 3% THC.

The law does not provide in-state providers or producers in Iowa.

Patients and Caregivers are forced to obtain their medical cannabis from another state.